>> andrea: let me check? >> greg: that's good. >> eric: quickly. sean hannity was watching the show and said he loves the idea of picking up a week's worth of cost for opening up the white house for the tours. sean offered to take a week for himself, too. he would like to. >> andrea: you got help there. >> kimberly: thank god. bring in the big guns. >> eric: next week. the following weak what they are telling me. right, porter? >> greg: people must make a lot of money. what are we doing this if they can all afford this. what is wrong? >> eric: we have a birthday today. >> greg: i'm outraged. >> eric: our own kimberly guilfoyle. happy birthday to kimberly guilfoyle. >> bob: all right! >> kimberly: cut the cake! 22. >> eric: this year you clearly turning 22. >> kimberly: isn't that nice? this is my favorite, too. i love strawberries. very sweet. thank you, buys. saturday i'm going to go see my brother. i'm going to give you a big piece. thank you for the birthday wishes. >> andrea: happy birthday.

♪ happy birthday to you >> greg: inside the cake $18,000 from eric bolling. >> kimberly: perfect. >> greg: i just got word. steve bu sc herb is offering $20,000. >> bob: bill hemmer gave him a 20. >> andrea: bill o'reilly said he would cover the same thing. what about kimberly's birthday party? are we kicking in for the tab? >> bob: for sure. >> kimberly: thank you. a lot of nice shock chocolates and juice. >> bob: how old are you really? >> kimberly: really old, i just age well. it's being around you, bob. >> bob: 83. >> kimberly: i don't want to stab myself with this. i'm going to go to los angeles and go see my brother. see my buddies from the l.a. d.a.'s office where i used to work. justice party. >> eric: happy birthday.

>> kimberly: thank you. bob there you go bob. who wants a piece? >> bob: bye-bye. >> bret: another major al-qaeda figure is facing justice tonight. this time he is already in the u.s. this is "special report." ♪ ♪ >> bret: the son-in-law of usama bin laden is in the u.s. awaiting court appearance. the spokesman suleman was picked up overseas and is facing criminal charges here. that is creating an uproar on capitol hill. there are new questions what about has happened about all the information captured and recovered during the raid that killed bin laden almost two years ago. to date, intelligence sources

say 17 documents out of hundreds of thousands recovered have been made public. why? chief intelligence correspondent catherine herridge has the story. >> reporter: this seven-page indictment charged the al-qaeda spokeman and son-in-law of usama bin laden con pyring to kill -- conspiring to kill american citizens. without discussing details, the chairman of the intelligence committee said this is a significant capture. >> his history is somebody active and engaugeed in al-qaeda, spent some time in iran. the southern part of iran conducting or planning operations, doing facilitatio facilitation. >> reporter: the operative was brought to the u.s. several days ago and has been cooperating with authorities and he is expected in the new york city federal court by friday. on capitol hill, leading republicans accuse the administration of failing to notify congress and much more. >> this guy didn't rob a liquor store. why in the world are we trea

treating him as a common criminal? why is he not at guantanamo bay? >> reporter: a similar ips dept unveiled after the bombing over detroit on christmas day in 2009. john brennan chastised republicans for second guessing the administration strategy of almost immediately reading u umar his rights and prosecuting him in a federal not a military court. >> they knew that f.b.i. custody means there is a process you follow as far as mirandizeing and presenting him in front of the magistrate. >> since the bin laden raid, some analysts say brennan has been the administration point man for access to the al-qaeda leader personal files and video. >> staying true to the value of the nation. upholding transparency upon the democracy of defense. >> reporter: they claim the two dozen bin laden documents

are publicly available with the largest batch 17 released to west point counterterrorism center. >> they show international terrorist network led by al-qaeda operates to this day and al-qaeda isn't that close. >> the top intelligence officials including john brennan are set to be on capitol hill. administration law enforcement approach will once again be under scrutiny. >> bret: it appears from public reporting that the documents me haven't seen perhaps show bin laden much more active and even some of the affiliates of al-qaeda. >> congressional source briefed on the documents told us today that it shows bin laden was very active and connecting with the affiliates, offering advice and direction. the idea that bin laden is isolated and withdrawn from the network is not accurate. >> bret: a final vote on the

president's pick to run the c.i.a. held this afternoon following the 13-hour blocking tactic. did saturday rand paul accomplish anything during the fill bust ir? here is mike emanuel. >> the ayes are 63. the nays are 34. >> on firmation vote with the democrats and independent sanders voting no. it was held up a day by kentucky senator rand paul. controlling the senate floor for almost 13 hours was a test of endurance for paul as fatigue, hunger and thirst affected him. in the final hours, marco rubio, thune, and mitch mcconnell came to his aid. >> i thank you very much for the forbearance and i yield the floor. >> the senator from illinois. >> paul wanted the administration to say explicitly that it would not kill an american citizen on u.s. soil without due process. today the senator reiterated

his point. >> that dozen, someone determined might be a terrorist, now he is associated with terrorism. does the president get to decide he is an enemy combatant and he gets no lawyer and no trial? >> the question he raised was entirely appropriate and should have already been answered by the obama administration. >> what i learned about talking fill buster is this, to succeed you need strong convictions and a strong bladder. it's obvious senator paul has both. >> at the white house, spokesman jay carney said this has nothing to do with the john brennan's qualification to lead the c.i.a. and eric holder stept senator this letter today the address the concerns that carney read aloud. >> "does the president have authority to use weaponnized drone to kill an miles per hour not engaged in combat on american soil?"

the answer is no. >> paul offered instant reaction live on fox. >> hooray. for 1 hours yesterday we asked them that question. there is a result and victory. under duress and under public humiliation the white house will respond and do the right thing. >> social media exploded on twitter and energizeed by the senator paul effort. clearly the filibuster helped. >> bret: mike emanuel live on the hill. thank you. senator carl levin says he will not seek re-election next year. the michigan democrat says he can best accomplish his goals over the next two years without the distraction of campaigning. >> obama administration barely escaping huge embarrassment this week, thanks to of all things twitter.

carl cameron has the amazing story. >> they delay giving an international women of courage award to activist ibrahim for tweeting anti-semitic, anti-american statement including support for the 9/11 attacks. >> we as a department became aware very late in the process about the alleged public comments. after careful consideration, we decided to defer presenting this award to miss ibrhaim in this year so we have a chance to look further in statements. >> her biohas been removed from the state department web page was selected as a hero because she was one of seven women to force virginity tests after protesting in the cairo tahrir square in 2011. last september when the consulate in cincinnati bengalbenghazi, libyawas attacky

is anniversary of 9/11. may every year come with america burning. it was quickly deleted after the original posting but obtained by the "weekly standard" magazine. she is now claiming she was hacked and post on her twitter page. "my account has been previously stole and any tweet on racism is not me." this surfaced only yesterday after she was going to receive the award. there were numerous hate-filled tweets over a year recovered by the "weekly standard" not disavowed until two days before ibrahm was to be honored by the u.s. state department in washington. one tweet called the royal family "dirtier than injuries." in jewel tweet praised a suicide attack. en" explosion on a bus carrying israeli in the airport in bulgaria on the black sea." today is a sweet day with sweet news. ibrhain is insisting the

tweets are not hers and is now returning to egypt without any award. >> some think a review should include finding out why the state department didn't know about the tweet until two days before she was scheduled to meet with the first lady of the united states and the nation's top diplomat. bret? >> bret: okay, carl. thank you. the u.s. trade deficit increased 16.5% in january. due to big jump in oil imports. and drop in exports. worker productivity went the other way, slinking the% in the final quarter of last year. the dow finished ahead again today. gaining 33-1/4. s&p 500 was up three. now to president obama charm offensive. fall-out from the sequester and the prospect of more budget hassles all year have as one pundit wrote pushed the president to the point of pleasantry. chief white house correspondent ed henry on the

latest breaking of bread. >> another day, another republican dining partner for president obama. he inviteed paul ryan for lunch. shift in strategy. >> the president believes that chairman ryan is thought leader in the party. >> dramatic naing tone from last spring. >> the ryan republican budget if it were enacted in to law would be incredibly harmful to america's seniors. >> they note it's a shift from the recent days after the election when the president hit the road again. >> we went through months of campaign style events all over the country. this week is 180. after being in office for four years he will sit down and talk to members. >> at the white house, spokesman jay carney noted boehner walked away from deficit talks. >> again and again thisesident d

republicans and trying to find common ground in the negotiations. >> late last year, though, the president did not back up the one-on-one boehner meetings with broader outreach. like wednesday night dinner at the jefferson hotel. >> i haven't talked to him in a year. but he is engaging members of the senate and the house, not just the leadership and i encourage the president keep this up. >> last night were all republicans, today's lunch included chris van hollen, the top democrat on the house budget committee. ryan praised the president but prodded senate democratic leader by harry reid by saying, "i thank president obama for hosting a frank discussion about washington's budget challenges." i look forward to having that debate next week with specific budget proposals from house republicans and senate democrats. the outreach comes as the president plays defense over the sequester. the fall-out continuing as a

white house tour. the sixth graders in iowa took to social immediate you to plead for their tour. >> the white house is our house. please let us in this. >> asked about this, carney said there is nothing he can do. >> in the education budget, if you are given flexibility option is give less money to distabled kids to give more money to poor kids. this is a similar tradeoff. >> based on secret service number, cutting the tours only saves $74,000 a week. meanwhile the daily caller is reporting that the salary of the director of the white house visitor's office went up about $30,000 in recent years. >> more on this with the panel. ed hyperion the north lawn. thanks. congressional budget office says the deficit was $495 billion for the first five months in fiscal year 2013. that is down $86 billion from the same period last year and on pace for $845 billion

deficit for the year. spending is up, # .5% from this time last year. revenues are up 13.5%. $120 million, 100 pounds and nutella and one picture. that's in the grapevine. up next, the last words of hugo chavez. constipation, diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'. [ bop ] [ bop ] [ bop ] you can do that all you want, i don't like v8 juice. [ male announcer ] how about v8 v-fusion. a full serving of vegetables, a full serving of fruit. but what you taste is the fruit. so even you... could've had a v8.

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>> bret: white house officials say the u.s. can defend itself against aggression from north korea. the country's government is promising what it calls a pre-emptive nuclear attack on the u.s.. the threat came shortly before the security council approved new sanctions against north korea for the latest nuclear test. >> it will achieve nothing but threats or provocations, which will only further isolate north korea and undermined

international evidents to ensure peace and stability in southeast asia. >> i can tell you that the united states is fully capable of defending against any north korean ballistic missile attack. >> bret: venezuela's acting president says the body of hugo chavez will be embalmed and placed in a glass case at the country military history museum. hugo chavez died after a two-year battle with cancer. correspondent steve centannicorn has more on what the end was like for chavez. >> mourners wanting to bid farewell to hugo chavez wait around the clock. the line stretches for more than one mile. >> i'm really sad because he was a president we truly loved with all our hearts. >> new information emergeed about hugo chavez's time moments. he suffered a massive heart

attack and now the words "i don't want to die. please don't let me die." in run township the state funeral friday, praise for hugo chavez is pouring in from dictators around the globe. from alexander lucanento, bashar assad, dictator of syria, the cuban dictatorship and from hezbollah. considered a terrorist organization by the u.s. which called chavez a dear, loyal supporter. chavez hand picked successor meturo had begun to dress like chavez, wearing the national colors. for the upcoming election meduro is not leaving any doubt where he stands. the campaign slogan, "i am chavez." in caracas, steve harrigan, fox news. >> bret: the last of the 115 voting age cardinals who will choose a new pope has arrived at the vatican. today, cardinals received a briefing on the church finances. amid questions about vatican

bureaucracy. still ahead, why insurance companies are not paying for some ground-breaking new surgeries. first, is the u.s. supreme court too powerful? none of us would want to be told we can't marry the pern we

love. as americanswe believe in freedom. that's what i fought for as a marine, and that's what we believe in as republicans. freedom means freedom for everyone. i didn't use to understand the importance of same-sex marriage, but after learning my brother was gay i wanted the same rights for him. he was the best man at my wedding and i want to be the best man at his. it's only fair that calvin should have the freedom to marry the person he loves, too. it's time for marriage.

>> bret: arkansas now has the nation's most res stretchtive abortion law. the republican dominated legislature overridden the veto of the democratic governor on a bill essentially been as abortions from the 12th week of pregnancy. last week lawmakers overrode a separate bill in the 20th week. the judiciary committee approved a bill to toughen penalties against illegal firearm purchases. they are considering measures to expand background checks along with banning assault weapons and high capacity

>> manager:s but there are questions about support for any of the bills on the senate floor. of course, even if those bills became law, the ultimate fate should be decided by nine people. the justices on the u.s. supreme court. tonight, shannon bream on the expanding influence of the court and whether it's a good thing. >> there increasing role to determine the law of the land. >> if you look at the broken immigration system and if congress isn't taking steps to fix the law they are leaving the people no other issue to raise this with the supreme court. >> historically when lawmakers disagreed with a ruling from high court. they passed laws that trump or semily nullify the justice's opinion. a new study from university of california law professor shows a significant reversal of that

trend. between 1975 and 1990, congress overrode supreme court decisions at a rate of 12 per two-year congressional term. 119-2000 it dropped 5.8 per term. 2012 it plummeted to 2.8. >> it is difficult to get anything done much less a law that overturns a ruling particularly ideologically divided ruling by a supreme court. that is tough sledding. >> as anthony kennedy hinted he is concerned about the court being final arbitrator on an issue left to legislators. >> it's serious. democracy should not be dependent for its major decision on what nine unelec unelected people from fairly narrow background legal background have to say. >> president obama keenly aware of the limits on his ability to get key legislation through a divided congress hasn't been shy about letting the supreme court know exactly

how he feels about their decision. >> last week the supreme court reversed century of law that i believe will open the floor gates for special interest. >> a reference to the 2009 citizen united campaign finance decision. an example of what caused backlash from white house and capitol hill. with no legislative response the supreme court decision is intact. bret? >> bret: interesting. thanks. why doesn't the highest paid football player in the world take home the most money? the grapevine is next. did you know, your eyes can lose vital nutrients as you age? [ male announcer ] that's why there's ocuvite to help replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health.

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>> bret: now some fresh pickings from the grapevine. travel blogger says he was kicked off united airlines flight last month for taking a picture of an empty seat. ma chew flint told kywtv he just boarded his flight when he snapped a picture on his iphone and said the flight attendant told him no pictures were allowed. it's a rule stated in the airline in-flight magazine. with the the use of still and video cameras is permitted only for recording personal events." clint says he explained he was a travel blogger and he put his phone away. but was escorted off the plane and booked on a later flight. united says, "we welcome customers to record their personal experiences on board provided they don't take photos or videos of customers and crew members without their consent." clint maintains there were no people in his picture. he says after blogging about

his ordeal, the airline offered him a modest compensation. but no apology. bowles most valuable play -- super bowl most valuable player joe flacco signed a six-year, $120 million contract with the baltimore ravens making him highest paid player in n.f.l. history. but thanks to geography, he is not taking home more money than any other n.f.l. player. americans for tax reform points out that flacco's decision to stay in baltimore means he is on the hook for combined marginal income tax rate of 51.98% for total tax liability of $10.44 million per year. drew brees of new orleans saints the second highest earner in the n.f.l. will take home an estimated $470,000 more a year than flacco. finally, columbia university is the victim of a costly string of thefts. the "columbia spectator"

reports students are stealing nutella from the dining room. last month the undergraduate cafeteria started serving the hazelnut spread. since then students have been going through 100 pounds of it per day. 100 pounds. it appears diners have not only been eating it pew hoarding it to take back to the dorm rooms at a price tag of about $2,500 for the first week alone. sports medicine can do amazing things these days. athletes with injuries that used to be career enders sometimes come back as good as new. but in that contrast, to that progress, getting insurance companies to pay for the procedures, to actually pay for them is getting more and more difficult. fox news medical correspondent dr. marc seigel tells us why. >> just show me the spot again where you have been hurt? >> right here on my right hip. >> welcome to the new world obamacare is put to the test. top surgeon bill meyers cures muscle injuries to n.b.a.,

n.f.l. and often high school athletes without reimbursement often. they're excruciating and require extensive surgery. physical therapy doesn't work. insurance companies often lack sensitivity to cover the latest treatment choosing to pay instead for ineffective therapies or fixing a hernia that doesn't exist. >> the labeling of the procedures and as a number of procedures of experimental is very clearly related to the motivation of not paying for something. >> susan pia.zno represents the health insurance industry and counters that health plans pay for thousands of expensive new treatments every day. >> health plans are combing the literature and evaluating new promising treatments and technology. often they rely on the work of those professional groups who devote their lives to looking

at information and determining what safe and is effective. >> mary michael levy's talen talented son andy plays. >> you don't say no. you do what you do. you write a check or use your credit card. >> i'm thought i'd are to fill to claim reimbursement. i didn't realize i'd have to go to battle. >> the dilemma is shared by many parents, including kelly warren whose son feared he might never play basketball again. dr. meyers got him back on the court. >> what does it feel like as a parent? >> the choice presented us as parents were to have a surgery with a 95% success rate done. with no coverage. or have a surgery on the that does not address the underlying problem. an they would cover it. or have our son quit the sport that he loves. >> clearly motivated by obama care, the national commission on physician payment reform has just released a report that could fundamentally

change the way that we physicians are paid. quality and efficiency will be rewarded. and intricate procedures like dr. meyers could be further in jeopardy. for doctors, patients and worried parents. it's a brave new world. in new york, dr. marc seigel, fox news. >> bret: police in central california say no criminal charges will be filed against the retirement home nurse who refused to perform cpr on the dying resident. the facility's owner initially declared that the woman was following policy. yesterday the company reversed itself saying the nurse misinterpreted the guidelines and is on voluntary leave. coroner in central california says the animal park intern who was killed inside a lion's cage died quickly of a broken neck. investigators still are not saying how 26-year-old hanson got in the cage or why. president obama and the charm offensive. we'll talk about it with the

fox all-stars after a quick break. @e@8ñúñ÷@@@0@ú

i would like to acknowledge because of the changed circumstances and sequester there is increased focus on engagement because of the opportunity, the circumstances provide. trying to make something good out of a bad situation. >> approach of campaigning in america and really being quite confrontational hasn't been working so well. i'm hoping that this is a new approach on the part of the president to reach out, to have some dialogue, see if there is common ground. we have serious challenges and so much to accomplish if we find the common ground. >> bret: well, the president is aggressively reaching out. that is what the republicans are saying. senator toomey one of many senators invited to the jefferson hotel in washington.

there is a list of the republican senators who attended. then today, representative paul ryan, of course, the vice presidential nominee. the budget committee chairman at lunch along with chris van hollen on the set last knight. speaker of the house is optimistic, but maybe not too optimistic. >> now he is going to -- after being in office now for four years he is actually going to sit down and talk to members. that is a sign, hopeful sign, i'm hopeful that something comes out of it. but if the president incysts on tax hockeys we aren't going to get far. if the president doesn't believe we have a spending problem i don't know that we ole get far. but i'm optimistic. >> bret: bring in the panel. jason riley, editorial member of the "wall street journal." a.b. stoddard from the hill. sindcated columnist charles krauthammer. jason, welcome back. your thoughts on the outreach?

>> i think the president is scared. he is on the offensive. poll numbers are down a little bit. "wall street journal" poll said that republicans are closing the gap withteams when it comes to the handling of the economy. he said the economy would suffer as part of the sequester but investors disagree. the dow is up. the biggest concern is the public might figure out that cutting $85 billion out of a $3.6 trillion budget will not the end world. >> bret: a.b.? >> i agree. the president unlike what jay carney said did strange the strategy. they had to. the poll numbers were sinking rapidly, actually. he was up able to campaign against the sequester cut. the same time to earnestly engage in replacing them and get away it with. it wasn't help him drag down the republican as well as the president. you know i'm glad he is doing

this. i'm always for it. it's quite late but not too late. if the president is going to do this just for show, obviously that is a waste of time. if he like some republican senators mentioned last knight is trying to engage in honest discussion on true concession for medicare reform that is a good start. >> where is the line is the question where he takes a hammering from his own party after their enthusiasm about his inaugust ration speech, his first stra strategy of going after republicans now it seems like a different strategy and does he take it on the chin from the left? >> i'm not sure he was responding to his pace. he is a second term president. he is not going to be up for re-election. what he did with the fiscal cliff, sequester for his sake and legacy to try to club the

republicans to improve on the victory in november by neutering the republican house which is the opposite of him enacting the vision of america he outlined in the inaugust ral address. neutering it now in the two years and beating it to mid-term election to control all of congress. the strategy was to go against them and make the case that they are coddling the rich. he tried it in the election and it succeeded. fiscal cliff and it succeeded. it crashed on the sequester. the apocalypse he predicted made him look ridiculous and cynical. when you close the white house and keep out the iowa kids everybody understands that you are playing games. that hurt him in poll numbers. >> bret: speaking of which, the white house press secretary was asked about the iowa sixth graders who went to

facebook to make their appeal of going to white house. >> the white house is our house. let us in. >> the white house is affected by the sequester and the secret service presented options that ranged from canceling tours to potential furloughs and cuts in overtime. the white house made the decision we'd unfortunately have to temporarily suspend the tours. the tradeoffs here are never good because of the nature of the cuts and the way the law is written. if you are given flexibility the option is give less money to disabled kids to give more money to poor kids. more support to poor kids. this is a similar tradeoff. it's very unfortunate. >> this is ridiculous. it's unfortunate. i can agree with the last statement. that mr. carney made. the stunt he is pullin pulling m releasing illegal immigrants

from the tension center and talking about the air traffic controller shortages. teacher layoffs. the goal is inflict pain as a result of the sequester cut for the public to help pressure republicans to agreeing to more tax hikes. we know that is the whole goal. we know every effort that they made to ease cuts the white house rejected. >> bret: how many more facebook appeals from the sixths graders and fourth and third graders can the white house sustain before tours start again? >> we are about to hit spring break so i have a feeling they will relent. something tell me. this is part of the republican missed message on the sequester. they knew that the white house might somewhere secretly in a dark closet have the ability to monkey around with the sequester cuts. so there will be sequester oversight hearings, there will be general accounting office reports for years to come. about the sequester hocus-pocus. republicans told us the sky was going to fall first. then they said it was going to

be fine. they are so bungled up on the p.r. message themselves, knowing that the white house could probably do this was a risk they took. >> he is talking about the kids in white house and ends with throwing orphans in the snow. we don't want to but we have to, because the republicans forced us. i have an idea. if you want to allow kids in the white house. support it with funds. the president travel expenses alone for golfing outing with tiger woods would pay for a year of white house visits. so i suggest that perhaps he curtailed the travel or perhaps auction off the set of clubs and he might be able to allow the iowa tot to come through the white house. >> bret: all right -- >> i'm not cynical enough. >> bret: you're trying. next up, another al-qaeda

figure in custty. this time, inside the u.s. what about all the documents from the bin laden compound? [ male announcer ] how do you measure happiness? by the armful? by the barrelful? e carful? how about...by the bowlful? campbell's soups give you nutrition, energy, and can help you keep a healthy weight. campbell's. it's amazing what soup can do. [ girl ]rumental ]l's. when i started playing soccer, i wasn't so good. [ barks ] so me and sadie started practicing. we practiced a lot. now i've got some moves! [ crowd cheering ] spin kick! whoo-hoo!

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history is somebody who is active and engaged in al-qaeda. time in iran, the southern part of iran.ing or at least planning operations, doing facilitation for al-qaeda business. al-qaeda for more than a decade at least. somebody who has been directly connected to the terrorist attack against americans. it comes to people like this, that we want them to go to gitmo to be held in military custody for

interrogation purposes. i am going to follow this case very closely. are setting a new precedent to come back to bite us. al-qaeda operative is in cussdy. son-in-law for usama bin laden and former al-qaeda spokesman. news is told that this operative was brought to the u.s. several days ago and has been cooperating with authorities. is in new york on friday. federal court. a seven-page indictment charging him in federal court. are back with the panel., this obviously creating a bit of an uprate. a lot of uproar on capitol hill. should. this guy is in gentlemen you could shoot him with a drone in the

middle of the night and blow him away. like we did with al-awlaki. that he is here, magically he gets his mare ran da rights so that means we won't get information out of him. insane. is precisely -- gitmo was incidented as a way to have a site under which we could receive information over time. he arrives in new york on trial and lawyered up we will learn nothing. has a lot to tell us. a myth that iran and al-qaeda don't work together, because iran is shiite and al-qaeda is sunni.ly he was harbored in iran after 9/11 for several years. knows how it works and knows about the contact with al-qaeda. could tell us. are not going to learn it.b.? is interesting that given the sequester he made it here at all. it congress is not happy about

finding out about it in the last hours and today. is interesting because the storyline is that iran wouldn't hold him. ended up in turkey and was abducted there. there. could have been taken out. wouldn't have been the wiser. they chose to bring him here. you face question where you have senator schumer of new york saying we didn't want the khalid sheikh mohammed industrial there. this time it will be fine because they were awarded early and gave at it green light. don't have a formal set of rules or a policy in place that is consistent. he is really bringing himself not just from people who want guantanamo to be the place we detain people a interrogate them but questions of what the future policy will be to bring them to criminal court. jason? have a policy in place. them but use the military tribunals

to try him. this is a high-level guy. he spent time in iran. upper echelon of al-qaeda. what does he know? let's find out. but the president won't send anyone to gitmo anymore. he will kill you with a drone strike, but he won't send you to gitmo to be interrogated because that is a human rights violation. figure that out. >> speaking of transparency as well, there are questions about the documents obtained at the compound for usama bin laden. two years ago now. only 17 of them have come out. take a listen. >> this is the largest cache of intelligence derived from the scene of any single terrorist. it's about the size, the c.i.a. tells us of a small college library. >> is it staying true as value of the nation includes upholding the transparency of which the democracy depends. >> so far the obama administration released 17 documents and a handful of video clips. i have been told there are hundreds of thousands of

document in the compound. 17 documents don't cut it. >> i think the files probably complicate the obama administration overall counterterrorism strategy and if they show there is a cohesive international terrorist network led by al-qaeda that operates to this day, then al-qaeda isn't that close to defeat. >> bret: 17 documents out of hundreds of thousands, charles. >> look, i don't know what is in them. i don't know what ought to be released or not. what i think the administration taught do is allow access by experts or high level officials in the congress who, you know, regularly are informed about secret matters. that you could trust. so that there would be a largest number of people who have access. we could have confidence that the right documents are being kept secret. and not -- not documents that would otherwise embarrass this administration. >> bret: transparency thing is getting focus in recent days. >> right. that is the problem with the

attorney general testifying before members of congress who are asking about why they haven't been informed about what exactly are the drone policy is. and when there is the question of imminent threat. and what would be the circumstances under which we would use a drone against an american on domestic soil. there were conflicting answers. an attempt at the same time by eric holder to say we are going to become more france parent about this. not a when. not a how. >> bret: quickly, jason. >> the administration continu continues to treat fighting terror like a criminal investigation. that is the problem. thigh that is why they can't articulate coherent drone policy. they have been clear on this. if you take up arms against the u.s., no matter what your passport says, you know, the commander and chief can take you out. >> bret: that is it for the panel. stay tuned for a story that received a lot of hype.

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